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[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Pages 5417-5419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02061]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10418, CMS-10507, and CMS-10157]

Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.

ACTION: Notice.

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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
announcing an opportunity for the public to comment on CMS' intention 
to collect information from the public. Under the Paperwork Reduction 
Act of 1995 (PRA), federal agencies are required to publish notice in 
the Federal Register concerning each proposed collection of

[[Page 5418]]

information, including each proposed extension or reinstatement of an 
existing collection of information, and to allow a second opportunity 
for public comment on the notice. Interested persons are invited to 
send comments regarding the burden estimate or any other aspect of this 
collection of information, including any of the following subjects: (1) 
The necessity and utility of the proposed information collection for 
the proper performance of the agency's functions; (2) the accuracy of 
the estimated burden; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) the use of 
automated collection techniques or other forms of information 
technology to minimize the information collection burden.

DATES: Comments on the collection(s) of information must be received by 
the OMB desk officer by March 5, 2014:

ADDRESSES: When commenting on the proposed information collections, 
please reference the document identifier or OMB control number. To be 
assured consideration, comments and recommendations must be received by 
the OMB desk officer via one of the following transmissions: OMB, 
Office of Information and Regulatory Affairs, Attention: CMS Desk 
Officer, Fax Number: (202) 395-5806 OR Email: OIRA_submission@omb.eop.gov.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, you may make 
your request using one of following:
    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.
    2. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to Paperwork@cms.hhs.gov.
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: Reports Clearance Office at (410) 786-
1326.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from 
the Office of Management and Budget (OMB) for each collection of 
information they conduct or sponsor. The term ``collection of 
information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and 
includes agency requests or requirements that members of the public 
submit reports, keep records, or provide information to a third party. 
Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires 
federal agencies to publish a 30-day notice in the Federal Register 
concerning each proposed collection of information, including each 
proposed extension or reinstatement of an existing collection of 
information, before submitting the collection to OMB for approval. To 
comply with this requirement, CMS is publishing this notice that 
summarizes the following proposed collection(s) of information for 
public comment:
    1. Type of Information Collection Request: Revision of currently 
approved collection; Title of Information Collection: Annual MLR and 
Rebate Calculation Report and MLR Rebate Notices; Use: We will use the 
data collection of annual reports provided by an issuer for each 
state's individual, small group, and large group markets to ensure that 
consumers are receiving value for their premium dollar by calculating 
each issuer's medical loss ratio (MLR) and any rebate payments due for 
the respective MLR reporting year, as well as verifying the provision 
of any rebates and the provisions of the rebate notices. The notices 
will be used to ensure that consumers are receiving information about 
the rebate they will be receiving, how their issuer is using health 
care premium dollars and about the value they are receiving for their 
premium dollar. The notices will help provide greater transparency to 
consumers. We will use the recordkeeping requirements to determine 
issuers' compliance with the MLR requirements, including compliance 
with how issuers' experience is to be reported, their MLR and any 
rebates owing are to be calculated, distribution of rebates and 
provisions of rebate notices. Additionally, each issuer is required to 
maintain for a period of seven years all documents, records and other 
evidence that support the data included in each issuer's annual report 
to the Secretary. The 60-day Federal Register notice that published on 
November 22, 2013 (78 FR 70059) pertained to the 2013 MLR Annual 
Reporting Form and Instructions, and closed on January 21, 2014. We 
received a total of 2 public comments on 12 specific issues regarding 
the notice of the revised MLR PRA package. Most of the comments 
addressed clarifying the instructions, updates for recent guidance 
issuance, treatment of Student Health Plans, treatment of Affordable 
Care Act fees, adjusted MLR standard experience aggregation, annual 
Mini-med multipliers for credibility determination, reporting for both 
QIA and non-claims costs and reporting requirements for businesses in 
run-off. We considered all of the proposed suggestions and have revised 
the 2013 MLR Annual Reporting Form and Instructions. Form Number: CMS-
10418 (OCN: 0938-1164); Frequency: Annually; Affected Public: Private 
sector (business or other for-profits and not-for-profit institutions); 
Number of Respondents: 522; Total Annual Responses: 3,394; Total Annual 
Hours: 294,911. (For policy questions regarding this collection contact 
Julie McCune at 301-492-4196.)
    2. Type of Information Collection Request: New collection (Request 
for a new OMB control number); Title of Information Collection: State-
based Marketplace Annual Reporting Tool (SMART); Use: The annual report 
is the primary vehicle to insure comprehensive compliance with all 
reporting requirements contained in the Affordable Care Act. It is 
specifically called for in section 1313(a)(1) of the Act which requires 
that an SBM keep an accurate accounting of all activities, receipts, 
and expenditures, and to submit a report annually to the Secretary 
concerning such accounting. We will use the information collected from 
states to assist in determining if a state is maintaining a compliant 
operational Exchange. It will also provide a mechanism to collect 
innovative approaches to meeting challenges encountered by the SBMs 
during the preceding year as well as providing information to us 
regarding potential changes in priorities and approaches for the 
upcoming year. Form Number: CMS-10507 (OCN: 0938-NEW); Frequency: 
Annually; Affected Public: State, Local, or Tribal Governments; Number 
of Respondents: 19; Total Annual Responses: 19; Total Annual Hours: 
1,482. (For policy questions regarding this collection contact Shelley 
Bain at 301-492-4453.)
    3. Type of Information Collection Request: Reinstatement of a 
previously approved collection; Title of Information Collection: HIPAA 
Eligibility Transaction System (HETS) Trading Partner Agreement (TPA); 
Use: The HETS is intended to allow the release of eligibility data to 
Medicare providers, suppliers or their authorized billing agents for 
the purposes of preparing accurate Medicare claims, determining 
beneficiary liability or determining eligibility for specific services. 
Such information may not be disclosed to anyone other than providers, 
suppliers or a beneficiary for whom a claim has been filed. Form 
Number: CMS-10157 (OCN: 0938-0960); Frequency: Yearly; Affected Public: 
Private sector (business or other for-profit and not-for-profit 
institutions); Number of Respondents: 1,000; Total

[[Page 5419]]

Annual Responses: 1,000; Total Annual Hours: 125. (For policy questions 
regarding this collection contact Ada Sanchez at 410-786-9466.)

    Dated: January 28, 2014.
Martique Jones,
Deputy Director, Regulations Development Group, Office of Strategic 
Operations and Regulatory Affairs.
[FR Doc. 2014-02061 Filed 1-30-14; 8:45 am]
BILLING CODE 4120-01-P
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